A committee of the Congress has passed a bill which includes provisions to prevent the Justice Department rescheduling cannabis. The legislation would also maintain a separate longstanding rider protecting state medical cannabis programs from federal interference—though with new language authorizing enhanced penalties for sales near schools and parks.
On Tuesday, one day following the release of the bill by the House Appropriations Committee, the jurisdictional subcommittee advanced the measure with a vote of 9-6. Next, it will be reviewed by the entire committee before potentially being brought to a vote on the floor.
For the second time now, the base legislation—which now heads to the full committee for consideration—contains language hostile to marijuana rescheduling efforts that remain ongoing.
The bill prohibits the Justice Department’s use of its budget to redistribute marijuana or remove it from the Controlled Substances Act (CSA). Under Biden’s administration, the DOJ suggested moving cannabis from Schedule I into Schedule III of Controlled Substances Act. But this process has been delayed months because witnesses have challenged the decision.
This is the full text of the law:Â
“SEC. 607. No funds provided by the Act or otherwise made available may be used for rescheduling marijuana (as defined at section 102 in the Controlled Substances Act, 21 U.S.C. This Act prohibits the use of any funds that are appropriated, or made otherwise available to this Act for the purpose of rescheduling marijuana (as defined by section 102 in the Controlled Substances Act. 812).”
It was part of the CJR’s last spending bill but not enacted. Subcommittees are scheduled to vote on the new measure Tuesday.
GOP senators have separately tried to block the administration from rescheduling cannabis as part of a standalone bill filed in 2023, but that proposal did not receive a hearing or vote.
Meanwhile, the Drug Enforcement Administration (DEA) recently notified an agency judge that the marijuana rescheduling process remains stalled under the Trump administration.
John Mulrooney (DEA ALJ) temporarily paused the hearings six months ago on a proposal for cannabis to be moved to Schedule III. The DEA and the rescheduling supporters said in a recent joint report that was submitted to DEA Administrative Law Judge (ALJ) John Mulrooney, that they are still stuck.
For the advocates’ relief, the CJS bill continues to include a rider that prohibits DOJ funds from being used to interfere with state medical marijuana program implementations. The federal law has prohibited DOJ funding to do so since 2014.
However, it stipulates that the Justice Department can still enforce a section of U.S. code that calls for increased penalties for distributing cannabis within 1,000 feet of an elementary school, vocational school, college, playground or public housing unit. This language was originally included in the previous version of the Appropriations Legislation.
“SEC. 531. No funds available to the Department of Justice as a result of this Act can be used by any of the States of Alabama (Alaska), Arizona, Arkansas, California (Colorado), Connecticut, Delaware, Florida Georgia Hawaii Illinois Indiana, Iowa Kentucky, Louisiana Maine, Maryland Massachusetts, Michigan Minnesota, Mississippi Missouri, Montana Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming or the District of Columbia to prohibit any of these States from implementing
To enforce the violations of U.S.C. 860.”
The CJS bill also keeps intact another longstanding rider preventing DOJ interference in state hemp research programs.
“SEC. 530. None of the funds made available by this Act may be used in contravention of section 7606 (‘‘Legitimacy of Industrial Hemp Research”) of the Agricultural Act of 2014 (Public Law 113–79) by the Department of Justice or the Drug Enforcement Administration.”
Meanwhile, a retired professional football player who’s since become an advocate for marijuana policy reform met with top Trump administration officials at the White House last week to discuss the ongoing federal cannabis rescheduling process.
Robert F. Kennedy Jr., Secretary of the U.S. Department of Health and Human Services(HHS), has previously expressed his support of legalizing marijuana and psychedelic therapy. But during his Senate confirmation process in February, he said that he would defer to DEA on marijuana rescheduling in his new role.
Separately, former Rep. Matt Gaetz (R-FL) was reportedly photographed reviewing a document that appears to be a draft contract to provide services—including “administration-related guidance”—to a firm affiliated with the major marijuana company Trulieve. The visible portion of the document describes a lucrative bonus if a certain “matter resolves,” with an “additional ‘Super Success Fee'” for other “exclusive policy remedies.”
Last month, the former congressman reiterated his own support for rescheduling cannabis—suggesting in an interview with a Florida Republican lawmaker that the GOP could win more of the youth vote by embracing marijuana reform.
Gaetz also said last month that Trump’s endorsement of a Schedule III reclassification was essentially an attempt to shore up support among young voters rather than a sincere reflection of his personal views about cannabis.
A survey conducted by a GOP pollster affiliated with Trump that was released in April found that a majority of Republicans back a variety of cannabis reforms, including rescheduling. They’re also more in favor of states being able to legalize cannabis without interference from the federal government than average voters.
Trump has chosen Pam Bondi, the former Florida attorney general, to be his nominee for DOJ. The Senate has confirmed this decision. During her confirmation hearings, Bondi declined to say how she planned to navigate key marijuana policy issues. She also opposed medical cannabis legalization as the state’s attorney general.
Amid the stalled marijuana rescheduling process that’s carried over from the last presidential administration, congressional researchers recently reiterated that lawmakers could enact the reform themselves with “greater speed and flexibility” if they so choose, while potentially avoiding judicial challenges.
Meanwhile, a newly formed coalition of professional athletes and entertainers, led by retired boxer Mike Tyson, sent a letter to Trump on Friday—thanking him for past clemency actions while emphasizing the opportunity he has to best former President Joe Biden by rescheduling marijuana, expanding pardons and freeing up banking services for licensed cannabis businesses.